Respected Sirs/Madams,
Your valued advice is requested under the following scenario:-
I was working with an MNC (IT Department) wherefrom I have tendered notice of resignation on 20th March 2013, since the IT manager besides being rude and dictatorial was not treating me at par with other employees. Other employees were granted leave whenever they desired whereas I was being refused even during my/parent’s/child’s sickness. I was compelled to work at odd hours, after duty hours and even on Sundays/rest days and other holidays, without any compensatory rest day or OT. At times I had worked continuously for 15 days without any rest day.
This was because I was the only one employee fully conversant with all the software and hardware being used in the organization. The other person fully conversant with the same was my IT manager, who was always eager to shift the workload on me.
The organization has neither accepted my resignation nor rejected it specifically. They have however handed me a demand letter dated 22nd March 2013 for Rs. 26,500/- towards not serving my notice period. They had demanded this amount after adjusting my salary for the month of March 2013 and my leave encashment. In fact they have ignored the dates specifically mentioned in my notice of resignation viz. i) Notice period: 21st March 2013 to 20th May 2013 i.e. 60 days. ii) Date of relieving: 20th May 2013.
It is most important to add here that the management had prevented me from serving my notice period. They did not allow me to resume my duty on 22nd March 2013 and compelled me to obtain clearance from all the departments.
Since the management’s actions were unreasonable and illegal, I had approached a labour union for assistance and the labour union has approached the labour inspector/commission for conciliation. The management is absenting itself from the proceedings.
I feel that the management is acting in retaliation as I have raised my voice against discrimination, rude and dictatorial behavior of the IT manager.
Under the circumstances please advise me:- 1) Can I initiate criminal proceedings against the organization because they have misappropriated my due salary and are also trying to extort another sum of Rs. 26,500/- by harassing, causing mental agony and blackmailing me by withholding my relieving letter, experience letter etc. and thus consequently preventing me from applying for new job elsewhere and thus ruining my career and my right to live life with dignity. 2) Under which section of IPC this complaint can be filed and in which court? 3) Would filing a criminal claim impact my proceedings in labour court? 4) Can proceedings be initiated against the management for any other criminal offence related to the facts of the case?
An early response shall be highly appreciated.
Thanking in anticipation.
